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March 19, 2015—

Family Provision Claims – How much is enough in the context of a large estate?

Written by: Chloe Kopilovic
On 26 February 2015, the Western Australia Supreme Court handed down a significant and reinforcing judgement in the context of family provision claims in large…
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February 26, 2015—

Statutory Will – RKC v JNS [2014] QSC 313

Written by: Chloe Kopilovic
On 17 December 2014, Justice Philippides of the Supreme Court of Queensland, in RKC v JNS [2014] QSC 313, authorised a statutory will on behalf…
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February 23, 2015—

Can my partner’s lover claim against my partners estate?

Written by: Chloe Kopilovic
In a recent case, in the New South Wales Court of Appreal, Ashton v Pratt [2015] NSWCA 12, a dispute arose over whether the mistress,…
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November 26, 2014—

Can my attorney access my Will?

Written by: Chloe Kopilovic
Recently, an enquirer contacted me to ask if they could access their mother’s Will, as they were acting as her attorney under an Enduring Power…
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November 17, 2014—

Rea Costello (deceased) [2014] SASC 134 – Avoiding uncertainty when preparing a Will

Written by: Chloe Kopilovic
I often find that clients have trouble choosing whom to appoint as their Executor in their Will. There seems to be a perception that when…
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October 20, 2014—

Ownership of property in estate planning – why does it matter?

Written by: Chloe Kopilovic
When taking instructions for preparation of Wills, I often find that clients want to give their house/property as a gift to a certain beneficiary. While…
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September 30, 2014—

What are the requirements for receiving a distribution from an estate?

Written by: Chloe Kopilovic
I am often asked by clients both during the preparation of their Will, and in the administration of a deceased estate, what the requirements are…
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September 25, 2014—

Does an Executor have to conduct a “reading of the Will”?

Written by: Chloe Kopilovic
I am often asked by new enquirers whether the Executor of an estate has a duty to hold a “reading of the Will” where the…
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September 24, 2014—

Will an applicant be awarded costs if their claim for further provision from an estate is unsuccessful?

Written by: Chloe Kopilovic
I often have clients asking me if their costs for bringing a family provision application will be paid from the estate if their claim is…
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September 22, 2014—

Laing v Laing [2014] QSC 194 – To bury or to be cremated?

Written by: Chloe Kopilovic
I have previously written about the tension that can occur when there are disagreements over whether, and where, a deceased person should be buried. In…
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September 18, 2014—

Horwood v Ah Shay [2014] QDC 199 – When will provision be made for a step-child from a small estate?

Written by: Chloe Kopilovic
I have recently written about step-children and their eligibility to apply to the Court for provision from their step-parent’s estate. I have now read with…
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September 3, 2014—

When is a solicitor responsible for their client passing away without a Will?

Written by: Chloe Kopilovic
I often have clients who urgently require a Will as they have received a terminal diagnosis, are about to take a trip or are elderly.…
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